An Ordinance
amending Section 3.28.010 and Section 3.29.010 of the Metropolitan Code by amending
the definition of disability to permit the determination of disability to continue
the same as applied since 1963 by the Employee Benefit Board.

Whereas, the essential
provisions in Chapter 3.28 and Chapter 3.29 of the Metropolitan Code relating
to the definition of disability have remained unchanged since the adoption of
the original Metropolitan Code in 1963; and

Whereas, an opinion
of the Department of Law has been issued that interprets the definition of "disability"
under certain circumstances that would change the determination of disability
utilized by the Employee Benefit Board consistently since 1963; and

Whereas, it is
in the best interest of the employees of Metropolitan Government and of the
citizens of Metropolitan Government to amend the definition of "disability"
to ensure that the granting of disability pensions continue to follow the past
uniform practice.

NOW, THEREFORE,
BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND
DAVIDSON COUNTY:

Section 1. Section
3.28.010 of the Metropolitan Code shall be and the same is hereby amended by
deleting subsections A. and B. in their entirety and substituting in lieu thereof
the following new subsections:

" A. A member
whose termination occurs because of disability while he is a fire fighter or
policeman or in the line of duty, as provided in Section 3.28.040, shall be
deemed to be "disabled" if he becomes disabled as a result of medically
determinable bodily injury or disease or mental disorder so that during the
continuation of his disability he is unable to perform the duties any occupation
in the metropolitan government which is offered to him at a rate of earnings
equal to or higher than he was receiving at the time of his disability for which
he is reasonably capable by reason of training, education or experience.

"Disability",
when applied to a fire fighter or a policeman, shall mean the inability and/or
the incapacity to perform the duties of a fire fighter or policeman.

B. A member whose
termination occurs because of disability, other than in the line or duty, and
who is then not a fire fighter or policeman, shall be deemed to be "disabled"
if he becomes disabled as a result of medically determinable bodily injury or
disease or mental disorder so that during the continuation of his disability
he is unable to perform the duties any occupation in the metropolitan government
which is offered to him at a rate of earnings equal to or higher than he was
receiving at the time of his disability for which he is reasonably capable by
reason of training, education or experience."

Section 2. Section
3.29.010 of the Metropolitan Code shall be and the same is hereby amended by
deleting subsections A. and B. in their entirety and substituting in lieu thereof
the following new subsections:

A. A member whose
termination occurs because of disability while he is a fire fighter or policeman
or in the line of duty, as provided in Section 3.29.040, shall be deemed to
be "disabled" if he becomes disabled as a result of medically determinable
bodily injury or disease or mental disorder so that during the continuation
of his disability he is unable to perform the duties any occupation in the metropolitan
government which is offered to him at a rate of earnings equal to or higher
than he was receiving at the time of his disability for which he is reasonably
capable by reason of training, education or experience.

"Disability",
when applied to a fire fighter or a policeman, shall mean the inability and/or
the incapacity to perform the duties of a fire fighter or policeman.

B. A member whose
termination occurs because of disability, other than in the line or duty, and
who is then not a fire fighter or policeman, shall be deemed to be "disabled"
if he becomes disabled as a result of medically determinable bodily injury or
disease or mental disorder so that during the continuation of his disability
he is unable to perform the duties any occupation in the metropolitan government
which is offered to him at a rate of earnings equal to or higher than he was
receiving at the time of his disability for which he is reasonably capable by
reason of training, education or experience."

Section 3. This
Ordinance shall take effect from and after its passage, the welfare of The Metropolitan
Government of Nashville and Davidson County requiring it.